RES-2010-022 Resolution for Community Transportation Program Funding Section 5311

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State Fiscal Year 2011 Community Transportation Programs Federal and State Assistance Certifications and Assurance • provided by an existing private provider of public transportation is required to provide the following certtfication. NCDOT may not award State or Federal assistance for such a project until the Applicant provides this cert f cation by selecting Category "04. " As required by 49 U.S.C. 5323(x)(1), the Applicant certifies that before it acquires the property or an interest in the property of a private provider of public transportation or operates public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing public transportation company, it has or will have: A. Determined that the assistance is essential to carrying out a program of projects as required by 49 U.S.C. 5303, 5304, and 5306; B. Provided for the participation of private companies engaged in public transportation to the maximum extent. feasible; and C. Paid just compensation under State or local law to the company for any franchise or property acquired. O5. PUBLIC HEARING An Applicant seeking State or Federal assistance authorized under 49 U.S.C. chapter 53 for a capital project that will substantially affect a community or a community's public transportation service is required to provide the following certiftcation. NCDOT may not award State or Federal assistance for a capital project of that type until the Applicant provides this certification by selecting Category "OS." As required by 49 U.S.C. 5323(b), for a proposed capital project that will substantially affect a community, or the public transportation service of a community, the Applicant certifies that it has, or before submitting its application, it will have: A. Provided an adequate opportunity for public review and comment on the proposed project; B. After providing notice, including a concise description of the proposed project, published in a newspaper of general circulation in the geographic area to be served, held a public hearing on the project if the. project affects significant economic, social, or environmental interests; C. Considered the economic, social, and environmental effects of the proposed project; and D. Determined that the proposed project is consistent with official plans for developing the community. 06. ACQUISITION OF ROLLING STOCK FOR USE IN REVENUE SERVICE An Applicant seeking State or Federal assistance authorized under 49 U.S.C. chapter S3 to acquire any rolling stock for use in revenue service is required to provide the following certiftcation. NCDOT may not award arty State or Federal assistance to acquire such rolling stock until the Applicant provides this certification by selecting Category "06. " As required by 49 U.S.C. 5323(m) and implementing FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 CFR part 663, at 49 CFR 663.7, the Applicant certifies that it will comply with the requirements of 49 CFR part 663 as modified by amendments authorized by section 3023(k) of SAFETEA-LU when procuring revenue service rolling stock. Among other things, the Applicant agrees to conduct or cause to be conducted the requisite pre-award and post delivery reviews, and maintain on file the certifications required by 49 CFR part 663, subparts B, C, and D. 07. ACQUISITION OF CAPITAL ASSETS BY LEASE An Applicant that intends to request the use of State or Federal assistance authorized under 49 U.S.C. chapter 53 to acquire capital assets by lease is required to provide the following certifications. NCDOT may not provide State or Federal assistance to support those costs until the Applicant provides this certification by selecting Category "07. " 11 •